



17) 



33J1. 



Author 



Title 



Imprint 



l«— 47372-2 OPO 



SOME ACCOUNT 



OF THE 



RISE AND PROGRESS 



OF THE 






UNIVERSITY OF MARYLAND. 



BY NATHANIEL POTTER, M. D. 

Professor of the Theory and Practice of Medicine, &c 



"Facilis descensus Averni 

u Sed revocare gradum hie labor hoc opus est." 



BALTIMORE: 
PRINTED BY JOSEPH ROBINSON. 

1838, 



A^^U 






SOME ACCOUNT OF THE 



RISE & PROGRESS OF THE UNIVERSITY OF MARYLAND. 



Any apology for the following pages, would be a work of supere- 
rogation. The imperative call for such a disquisition, involves 
a great variet) T of interests, public and private. It implicates a 
body of literary men, as well as these who have governed them, 
and who were appointed to aid and protect them. It calls, in ques- 
tion the policy or wisdom of the laws of the State, while it em- 
braces many civil considerations imseparable from the rights of cor- 
porations, none of which can be more deeply affected than public 
literary institutions. It must of necessity assume a more personal 
complexion, from the maladministration of a body of men, whose 
understandings or integrity it is bound to impeach. When the griev- 
ances of the governed are reiterated without redress, and fomented 
until the institution to which they have the honour, and it seems the 
misfortune to belong, can be no longer sustained, it is their duty 
to complain and remonstrate. 

It must ever be to us a melancholy reflection, to be destined to 
record another example of the proverbial ingratitude of republics, 
and prove the cheapened estimation of science, by the legislators of 
a free state. 

It would seem almost a solecism in nature, that mankind should 
feel the least solicitude for that in which of all temporal concerns, 
they are most deeply interested. What is man without the sound 
integrity of his body ? The most forlorn and helpless in the scale 
of animated creation. Among all the vicissitudes of life, however di- 




versified by his imagination, his judgment, or his passions, none can 
be successfully pursued, without health. 

Hence it is, that Medicine, even before it assumed the form of a 
Science, has held a rank, equal in usefulness and honour to any 
other ; and has been held in the greatest veneration, by the most 
intellectual and virtuous of mankind. 

Socrates, when he felt the union between soul and body about to 
be dissolved, summoned around him his executors, and implored 
them, " as they loved him, and would revere his memory, to dedi- 
cate the better part of his worldly goods, to the erection of a tem- 
ple to the God of Physic." If such a man, in the dark age of su- 
perstition and ignorance, was so sensibly impressed with the utility 
and dignity of physic, may not the humble imitators of his exam- 
ple in these enlightened days, claim some respect for their attempt 
to give to their own State, (for the first time,) a Medical Institution? 
We were well aware, that it had become an axiom, that literary insti- 
tutions, especially those intended for medical instruction, can never 
prosper, so long as they are subject to the caprice of legislative 
interference. They must be left to the guidance of those who are 
most interested, and who are best qualified to judge of their wants 
and necessities. They must be strictly directed by the provisions 
of the act of incorporation, as the constitution of the Managers, 
which provides for every thing. Acts of incorporation are predica- 
ted on this principle ; and contain within themselves all necessary 
power. 

It is as well understood, that literary men, who devote themselves 
to public teaching, are seldom remunerated according to the services 
they render the community. While they are laboring for the pub- 
lic good, the value of their mental operations are not perceived, or 
duly estimated. While every one reaps the benefit of their intelli- 
gence, which works unperceived, no one acknowledges it, or cre- 
dits them for it. Few reflect, that knowledge is power, and that 
science constitutes the honor and glory of nations. 

In 1797. I adopted this city as a permanent residence, and be- 
came acquainted with the late professor, John B. Davidge. He 



— " 



had been educated in the University of Edinburgh, where he had 
devoted himself to the cultivation of anatomy and physiology. We 
frequently conferred on the prevailing theories and practice of the 
day, as they were taught and pursued on both sides of the Atlantic; 
and although we were at issue on certain theoretic points and 
modes of practice, we soon came to the conclusion that the science 
could not be successfully taught, under the usual organization of 
medical schools. We either did see, or thought we saw, that 
without the aids of physiology and pathology, either associated with 
anatomy, or as a separate chair of Institutes, the philosophy of the 
body, in sickness or in health, could not be understood. This was 
the basis of our scheme, and thcground on which we erected a 
school, that once was much easier envied than rivalled. 

At that, period, no effort could be made with a prospect of suc- 
cess. The materials necessary to constitute a faculty, could not be 
found without time for deliberation. We saw our way clear to fill 
two chairs, but there were no other men who were willing to embark 
in an untried experiment, so inauspicious and problematical. From 
this time to 1806, while the necessity of such an institution as we 
contemplated became more manifest, nothing occurred to favor our 
design. In the winter of that year, Doctor Davidge, at the request . 
of four pupils, was solicited to undertake a course of Obstetrics, 
which he delivered to the great satisfaction and benefit of his little 
class. His lectures were followed by some excellent reflections, 
on certain controverted opinions in physiology, which created a 
still greater thirst for knowledge in the minds of his pupils, and 
animated us to unite in the common cause. 

About the conclusion of this course, we i acquired a great acces- 
sion in the talents and character of Doctor James Cocke, of Vir- 
ginia. He was not only an accomplished anatomist and surgeon, 
but an able financier, and was principally instrumental in devising 
the ways and means by which we were ultimately enabled to pros- 
ecute our scheme. 

In January, 1807, Doctor Davidge renewed and extended his 
courses. He dwelt more emphatically on both physiology and the 



philosophy of Obstetrics. On the latter he, probably, never was 
excelled, and not surpassed in the former by any one of his time. 
Here he was interrupted in his course so felicitously commenced. 
He had erected a small anatomical theatre, at his own expense, on 
his own ground. It was discovered by the populace that he intro- 
duced a subject for dissection. The assemblage of a few boys be- 
* fore the door, was soon accumulated into a thickly embodied mob, 
which demolished the house and put a period to all further pro- 
ceedings for that season. Such were the vulgar prejudices against 
dissections, that little sympathy was felt for the doctor's loss, or the 
mortification he suffered. He had no redress by an appeal to the 
justice of the case before any civil tribunal; and his only remedy 
was in a renewed and vigorous prosecution of his plan, with the co- 
operation of his colleagues. 

This disaster animated us to pray the legislature for authority to 
open a Medical College, under the guarantee of the state. 

The winter, 1807-8, marks a memorable era in our history. 
While we proceeded with mature deliberation, we acted decisively. 
We could not appear before the legislature with an incomplete 
delegation of candidates; and to ensure success, it was necessary 
to fortify ourselves by the names of men known for professional 
worth and moral integrity: taking care that none should aspire to a 
seat in the temple of science, who were not consecrated by a well- 
earned fame. 

After frequent interchanges of sentiments and mature delibera- 
tion, we determined to recommend to the legislature, the following 
names, as suitable persons to fill the several chairs, according to the 
division of the subject matter necessary to comprehend the whole 
circle of Medical science : 

John B. Davidge and James Cocke, Professors of Anatomy, Sur- 
gery, and Physiology. George Brown, M. D., Theory and Prac- 
tice of Medicine. John Shaw, Professor of Chemistry. Thomas 
E. Bond, Professor of Materia Medica. William Donaldson, Pro- 
fessor of the Institutes of Medicine. 

This adjustment of the departments was presented to the House 



■■■ •->> ■ 



of Assembly, and the prayer of the petitioners was granted, under 
the free and unlimited charter of 1807, from which we derive 
our original authority. The rfon-acceptance of Doctors Brown 
and Donaldson, had been anticipated; and the talents and influ- 
ence of Dr. Bond were lost. — He was compelled to decline, on 
account of ill health, which for a time caused him to retire to the 
country, vacate his chair, and abandon his practice. 

The non-acceptance of three persons named in the charter, ar- 
rested our progress, and presented a temporary obstacle to our sue* 
cess. By a provision of the charter, the Medical Board of Exami- 
ners, under the law of 1798, were created governors of the college, 
ex officio, and held the sole power of appointment. They were 
convened in July, to fill the vacant chairs. A full meeting could 
not be obtained, and they adjourned to the 8th of October, when 
the resignations of Doctors Brown and Donaldson were accepted. 
Doctor Brown nominated me to the practical chair, and I was ac- 
cordingly elected. 

Even at this crisis, less zealous votaries of science would have 
paused and perhaps relinquished the object we had so long cher- 
ished. Destitute of every thing, but an enthusiastic spirit — without 
a place to accommodate a class, however small, we determined to 
lecture in our own dwellings. We began with seven pupils, and im- 
perfect as our courses must necessarily have been, they were favor- 
ably received, and we conciliated the good will of both our pupils 
and the faculty generally. Hope so long deferred seemed now to 
promise a reward to our exertions. 

At the annual period of commencing our next session, we were 
equally destitute of all public accommodations. We had no ana- 
tomical preparations or chemical apparatus, not made by the profes- 
sors. The labours of the preceding winter had inflicted a deep 
wound on the constitution of the professor of chemistry, who lin- 
gered till the next autumn. He was one of the ablest and most de- 
voted chemists that ever filled a chair. No man ever accomplish- 
ed more, with the same means, in so short a time. He was suc- 
ceeded by the late lamented Dr. Elisha DeButts, whose brilliant, 



8 

though short lived career, could receive no eulogy from any thing 
I could add to his well-earned fame. 

At the opening of the session, the sphere of education was exten- 
ded by the creation of a separate chair of Obstetrics that had been 
held by Dr. Davidge. Dr. R. W. Hall was elected, and has from 
that time been highly distinguished in his department. 

Our class was now augmented to ten pupils, but we found it im* 
practicable to accommodate them in our dwellings. The only alter- 
native that presented itself, was an old, almost uninhabitable wood- 
en building at the S. W. corner of Fayette street and McClellan's Al- 
ley. It had been occupied as a school house, but from decay had 
been tenantless for some years. The professors of Anatomy and 
Chemistry after occupying it some time, contracted pleurisies, 
and for some weeks were obliged to suspend their courses. During 
the month of January, the weather became intensely cold, and almost 
every morning the professor of Anatomy found his subjects frozen 
or covered with snow or ice ; while the professor of Chemistry, 
often found his materials for experiment destroyed, or rendered 
unfit for illustration. 

The professors of the Institutes and Practice of Medicine could 
not be accommodated in those rooms, while their colleagues were 
occupied almost constantly in dissections and chemical experiments. 
In this dilemma, they experienced great kindness from the politeness 
of Mr. Mallet who tendered to them the use of his spacious ball 
room in Commerce street, from the hour of twelve to two o'clock, 
for the season. 

During the winter, 1809-10, we occupied the same apartments, 
teaching a class of eighteen pupils, but with no other advantages 
except an increased ardour, that sustained us under almost incalcu* 
lable difficulties. Incidental expenses were many and heavy, but 
they were liquidated from our private funds. 

In April, 1810, we conferred the first degrees of Doctor of 
Medicine, on Jive candidates. 

At the session of Assembly in 1811-12, we petitioned for the 
grant of a lottery to raise funds to erect a suitable building. The 



IMMHMmi 



9 

legislature made a liberal grant accordingly; but from the tedious 
process of the lottery system at that time, the proceeds were ne- 
cessarily unavailing, while we were destitute or dependant upon 
the liberality of others. With this prospect, which was problema- 
tical, we resolved to commence operations on our own credit and 
responsibility, provided the means could fee obtained. The spot 
upon which the University buildings now stand, attracted our atten- 
tion as a commanding, eligible site. It was the property of the 
late venerable Colonel John E. Howard, who was not disposed to 
sell it. He had been frequently solicted by high and tempting of- 
offers, which he had refused. We stated to him our object, and 
the advantages that might result from the establishment of a Medi- 
cal school, both to the state and the city. He did not even ask time 
for reflection, but acted not only liberally, but generously. He had, 
a few days before he was waited on by our committee, refused ten 
thousand dollars for the ground, Our appeal in behalf of science, 
drew from him a proposal to sell it to us, on our own individual 
credit, for nine thousand dollars, at our own time. This philan- 
thropic act made him the first patron of the College, and will be 
held in grateful remembrance by the lover of science, as long as it 
shall be necessary to cultivate Medicine as a science. 

On the seventh of April, 1811, the foundation stone of the Uni- 
versity of Maryland was laid by Colonel Howard, with the cere- 
monies usual on such occasions. 

The scheme of raising funds by lottery was still unavailing, but 
with what pecuniary aid we could furnish, and the indulgence of 
our creditors, the building proceeded so far as to be partly tenanta- 
ble on the last Monday of October. 

From this period, our prospects began to brighten. The lottery 
now afforded us an alleviation from a part of our debts, and every 
successive season brought an accession of pupils. In the height of 
our contemplated triumph, on the eve of victory, the temple of 
science was hung in mourning by the sudden demise of our col- 
league, Doctor Cocke. He died on the day, and at the very 
hour, the college was to have been dedicated by his introductory 
2 



10 



lecture. This bereavement, independent of the loss of his powerful 
co-operation, vacated the chair of Institutes, by obliging Dr. Da- 
vidge to assume the double duty of teaching anatomy and surgery. 
Previous to the next session, Dr. Maxwell McDowell was appoint- 
ed to the chair of Institutes. It was now clearly perceived, that the 
duties involved by the anatomical and surgical chair were too ardu- 
ous to be imposed on the professor of anatomy, and that the interest 
of the school would be promoted, by instituting a distinct surgical 
department. Professor William Gibson, now the distinguished in- 
cumbent of the surgical chair in the University of Pennsylvania, 
was recommended and finally elected. 

No material change occurred, in the economy of the medical de- 
partment, until 1820, when the professor of surgery accepted, in 
Philadelphia. The vacant chair again reverted to Doctor Davidge, 
for one session ; and at the termination of the course, it became ne- 
cessary to seek for a successor. While the Faculty were delibe- 
rating on the choice of a professor, I, on my own responsibility, 
without imparting my intention to any one, made a personal appli- 
cation to Doctor G. S. Pattison, and invited him to Baltimore. He 
came to this place in July, and was elected professor of surgery in 
September, 1821. While he acquitted himself honorably, and 
with great satisfaction to the class, it was manifest that anatomy 
was his favorite pursuit, and would have been preferred in the first 
instance. After great deliberation and much discussion, he was in- 
stalled into the chair of his choice. The popularity of the ap- 
pointment was discoverable before the opening of the school, and 
created a division in our favor, — the current of which, flowed on 
uninterrupted, till bodily indisposition, and a change of govern- 
ment, under the fatal supplement of 1825, banished him from the 
Institution. He declared, from the moment the revolution was 
known to be contemplated, that he never would serve under impe- 
rial masters, while he had no voice in the choice of his colleagues, 
who, with him, were bound jointly and severally, to support each 
other. 



11 

It would be superfluous to enumerate the fluctuations of the ana- 
tomical chair, from the organization of the college. It has been 
attended by a singular fatality. Cocke, Davidge, Wells, and Lin- 
coln occupied it, and died while they held it. Geddings, who oc- 
cupied it last, though living in another region, is equally dead to us — 
to the school of which he was one of the brighest ornaments. He 
was banished by intrigue, injustice, and envy, never to return, and 
never to be rivalled. 

Here we must recur to the charter of the College in 1807, to il- 
lustrate certain principles, and to show that a fair representation of 
the wrongs we have suffered has never been understood by the 
Legislature; and that in all our applications for relief, for even 
naked justice,, a secret, sinister influence has given a false, artifi- . 
cial colouring to every feature. 

The charter of 1807 was established on a principle that every 
man of common sense will admit, is founded in reason and proprie- 
ty. It provides for the election of professors and lecturers by their 
peers, the Medical Board of Examiners; physicians, who were made 
the Regents ex-officio, filled all vacancies after the promulgation of 
the charter. The selection was not made by a heterogeneous mix- 
ture of individuals, but by men who knew the difficulties and 
dangers of a misnomer, and felt the responsibility. So sensible 
were they of the arduous duties imposed on them, that they were 
the first to suggest and urge the necessity of placing the govern- 
ment in the hands of the Faculty. Doubting their own capacity 
to choose in all cases, they proposed to resign; and to strengthen 
and give eclat to the school, it was proposed by them to ask of the 
Legislature the power of annexing the other three Faculties, un- 
der the name and title of the University of Maryland. The prayer 
of the petitioners was granted, and the principle of self-govern- 
ment was recognized, and successfully practised till the passage of 
the supplement of 1825. 

Since that disastrous period, when our rights were invaded and 
our prerogatives wrested from us, we have been constantly declining, 
till the fatality of the system adopted by our successors, can be no 



12 



longer tolerated. To demonstrate that our claims to redress, can- 
not be invalidated, it behoves us to show, on what conditions we 
undertook to originate the institution, and on what terms we asked 
and accepted our charters. 

The arduous task of originating and imparting reputation to a Me- 
dical School, is, under the most favorable auspices, a problem only to 
be solved by an experiment; and never was such a sheme project- 
ed under more unpropitious circumstances. Three men, under the 
imputation of arrogance and presumption, held up to public con- 
tempt, without money and without friends, in the face of one of the 
most celebrated schools in the world, founded and elevated to the 
summit of fame, an institution that first gave to Maryland, " a local 
habitation and a name for Medical science.'" A name, that, however 
much it may have been envied ; could not well be rivalled. There 
must have been some secret charm, that gave polarity to the mag- 
net, when at the moment our misfortunes began, there were more 
than three hundred pupils in the Medical department, and a Law Fa- 
culty, flourishing under the tutelage, of the pre-eminently learned 
and accomplished incumbent of that chair. The University of 
Maryland, then began to reflect back the lustre borrowed from trans- 
atlantic luminaries. The courses of physic and law, attracted 
pupils, not only from the several States of the Union, but from al- 
most every clime; and was at once, the pride and ornament of the 
State. 

Previous to the passage of the ill-omened supplement of 1S25, it 
may be fairly predicated of the Medical department of the Univer- 
sity of Maryland, that it presented an example of success and pros- 
perity, that in so short a space, under so many opposing elements, 
has no parallel in the annals of similar institutions. Contrast it 
with its fallen state, at this moment, and it presents a solecism in 
the history of schools ; an example of decay and dilapidation, too 
melancholy to be contemplated without emotion. We can only 
find a precedent to such a violation of literary justice and decorum, 
in the annals of barbarism. 



mmm 



13 

When Otho burnt the Alexandrian Library, he was not actuated 
by a hostility to science, but a vindictive spirit, to weaken and 
mortify his enemies. Before we can find a parallel to the disaster 
that blighted and ruined the fair fabric erected to science, we are 
compelled to resort to a warfare waged by Africans and their de- 
scendants, against humanity and even Christianity. The natives of 
Saint Domingo, burnt the- libraries of their masters, because they 
conceived themselves enslaved by the knowledge imparted by their 
books. Although our fate was not decreed by one single act, nor 
effected by any sudden convulsion, it was achieved with equal cer- 
tainty, and the consequences were as disastrous. The scheme of 
rearing a Medical School in this city, originated in a spirit of phi- 
lanthropy, and was conducted by a generous policy and noble en- 
thusiasm. Its founders did not aspire to personal aggrandisement, 
nor did they contemplate it as the high way to fortune. It was 
commenced upon a liberal and magnified scale, more for the benefit 
of posterity than themselves. They asked protection for them- 
selves and their successors. This reasonable request was guaran- 
teed by the only power that could legally confer it. It became our 
occupation, and to exercise it beneficially, we measurably relin- 
quished all other pursuits. 

In human affairs, we often experience the most extraordinary re- 
sults, from causes seemingly the most trivial, that seem scarcely to 
bear an analogy to the effects they produce. 

In pourtraying the causes of our misfortunes, we feel a fraternal 
reluctance and an unfeigned regret, that we may molest the ashes of 
some of our departed colleagues, the illustrious dead. We acquit 
them of all intention to injure us. We were embarked in one com- 
mon cause, and have been involved in the same common fate. An 
error in judgment, is all that can be imputed to them. It is the lot 
of humanity. They magnanimously acknowledged it, and were 
the first to complain, and repented in sackcloth and ashes. 

Previous to the year 1824, under all our troubles and fluctuations 
of fortune, there was as much kindness and harmony among the 
Medical Faculty, as was possible, in the prosecution of an enter- 



14 



prize so complicated anil difficult The prospect of mutual bene- 
fits produced mutual forbearance, while honest differences of opin- 
ion were disregarded, or easily conciliated. It is true, that some 
of us were almost bankrupts in fortune, but not in fame. We had 
spent the remnant of our fortunes in the enterprize. We staked it 
on the cast of a single die, and took the chances, while our pros- 
pects seemed to brighten in the exact ratio of our liberality and zeal. 

In the full tide of success, on the eve of victory over all obsta- 
cles, the malignant influence of an unforeseen and uncalculated star 
fell upon us, and blighted our prospects. The current of prosperi" 
ty was reversed. Instead of union and strength, we were divided — 
and by division, subdued. The will of two of the Medical Facul- 
ty prevailed against the voice of five of their own colleagues and 
that of the whole corporation. While all the members of the 
three other faculties were kept in profound darkness, the work was 
began and nearly accomplished, before we could assume an attitude 
of defence. It was too late to remonstrate against the impolicy of 
the measure, or depict the disastrous consequences that were clear- 
ly foreseen. When a solemn and prophetic appeal was made to 
the minority, it was too deeply enamored with the fancied beauties 
of reform, to listen to our entreaties. We represented, in vain, 
the indecorum, as well as the illegality of touching charter- 
ed rights without the consent of the whole corporation, and drew 
the most awful picture our imagination could conceive, of a literary 
institution governed by men, without learning and without expe- 
rience, and predicted all the disasters we have since suffered. 

Two of the Medical Faculty (for what reason we knew not) had 
imbibed strong prejudices against one of their colleagues. They 
had differed before, on some trivial matter of discipline, which had 
been amicably adjusted in the Faculty. The flame had expired, 
and never would have been revived, but for an incident, that stirred 
the deceitful ashes that concealed the embers of discontent. The 
same minority of two, devised the scheme of instituting courses of 
private lectures, independent of the authority of the Regents, at 
hours not occupied by publiG teaching. This imposed on the pu- 



15 

pils both double fees and double duties ; neither of which could be 
sustained without great inconvenience. Independent of these ob- 
jections, they had not long put the project into execution, before 
it was discovered that they departed from the sphere of their 
chairs, and by assuming to teach the branches prescribed to their 
colleagues, came directly into conflict with us — This created par- 
ties, and fomented dissensions among the pupils. The harmony 
that ought to have been maintained to preserve the integrity of 
the school was thus interrupted, and it became necessary to appeal 
to the whole body of Regents. 

A committee of the Medical Faculty was appointed to draft a me- 
morial representing their objections to the course pursued by their 
colleagues, and they decided at once against the minority. They 
passed a unanimous resolution, declaring " that no professor should, 
during the session of the classes, deliver any lecture to the pupils of 
the college, and receive a compensation for the same, except officially 
ex cathedra" 

During the next summer, some inuendoes were expressed by the 
malcontents, rather in a style of complaint, but no formal-complaint 
was made. They signified that they were restricted in the exer- 
cise of their privileges by the decree of the Regents. The subject 
was introduced, incidentally more than once, colloquially, and they 
were given to understand that the latitude given to their chairs at 
the organization of the college, afforded an ample field for the dis- 
play of all the talents they possessed, and that the decision of the 
Regents must be final. 

At the opening of the session of the legislature, (November, 
1825,) it became necessary for the Regents to make certain repre- 
sentations to the House on other subjects entirely unconnected with 
the matter in dispute; and accordingly, a committee, composed of 
the professors of Chemistry and Practice of Medicine, was des- 
patched to Annapolis. Having remained ten days, and performed 
the duties assigned to us, I proposed that we should return to our 
duties in the college ; and on the eve of my departure, early in the 
morning, before the meeting of the House, it was intimated to me 



16 



by a member, "that complaints had been made against the Medical 
Faculty and Regents, and that a proposition had been made to 
change the government of the school." My surprise was only equal- 
led by the mortification I felt. No such design or wish had ever 
been intimated to me, my colleagues, or any member of the Regen- 
cy. I expressed to my colleagues my abhorrence of such a propo- 
sal, and assigned my reasons against its impolicy and injustice. I 
foresaw the operation of the change, and predicted the consequen- 
ces. He appeared to be satisfied with the representation made, 
but made no reply. I found it necessary to remain at Annapolis, to 
combat the sinister impressions that had been secretly made, and 
soon perceived that the matter had been agitated and discussed out 
of the House, and that there was much division among the mem- 
bers. I found there were several schemes afloat, all equally vision- 
ary and impracticable, though there was none definitively settled. 
I now thought it my duty to repeat my regret to my colleague, 
which was increased by the reflection that he had been represented 
as the prime mover of the scheme. He did not respond freely to 
my remarks, but I perceived he was inclined to innovation, and in- 
timately associated with the phalanx that finally prevailed. Find- 
ing the prejudices against the Faculty and Regents so inveterate, 
and constantly fomenting, among those who were daily enlisted 
against us, while they were destitute of all understanding of the 
real merits of the question, disregadring law and justice, I appealed 
to the immediate representatives of the City of Baltimore, as the 
natural depositories of our rights. The city was represented that 
year, by Benjamin G. Howard and John S. Tyson, Esquires, who 
were divided. Mr. Howard advocated the measure on the ground 
of expediency, while he admitted it to be unconstitutional. Mr. 
Tyson opposed the bill in every stage of its existence. He made 
an eloquent appeal to the House, and demonstrated its inexpedien- 
cy, injustice and unconstitutionality; and concluded by shewing 
that the charters of 1807 and 1812 were bona fide contracts be- 
tween the state and the Regents. A more learned and impressive 
defence of the sacred obligations of charters has seldom been made, 



17 

\ 
but it was lost in many of the members, who understood the spea- 
ker as well as they would have done, if he had been demonstrating 
a problem in spherical trigonometry, or calculating an eclipse. The 
doctrine that they had the right to pull down what their pre- 
decessors had built up, was as captivating as its antipode was 
offensive. The defence of chartered privileges was novel to 
novices in legislation, who were encouraged by the broad extermi- 
nating doctrine maintained by the speaker of the House. He pre- 
dicated his defence of the bill upon the unqualified right of the le- 
gislature to destroy whatever they had the power to create. A 
power, the prerogative of Omnipotence alone, as arrogant as it is 
sinful. This doctrine pre-supposes and assumes a principle, of all 
others the most demoralizing and abominable; that the end justifies 
the means. It leads to the subversion of all law, and leaves no se- 
curity to virtue. Life, liberty, and property are unsafe, whereso- 
ever it enters a legislative body. This disorganizing movement 
was rendered more captivating by the temptation constantly held 
out to weakness and pride, under the promise of being made trus- 
tees, under the new regime. Many who were thus captivated by 
the incense offered to their vanity, (some of whom were made trus- 
tees,) were as well qualified for the office, as they would have 
been for a mission to Saint James, or a voyage to the polls to find 
out longitude. Almost every avowed advocate of the bill, in the 
House or out of it, sooner or later was gratified by an appoint- 
ment, or procured it for some favorite. 

I would ask here, whether the minority or the majority was most 
entitled to respect in the solitary altercation that produced the 
change of government ? Was this a sufficient cause for legislative 
interposition ? Did not the charter provide for the mode of adjust- 
ing all such disputes ? Was any allegation ever made by any one, 
in or out of the House, against the capacity or moral integrity of 
any member of the Faculty of Physic, or either of the Regents ? 

A succinct history of the administration of our successors will 
furnish a melancholy commentary on the progress of the Institution, 
under their administration. 
3 



18 

The legislatures of 1807 and 1825 seem to have viewed a Medi- 
cal education, and the tenure of the .chairs of professors, through 
different optics. That of 1825, either did not inquire into, or to- 
tally disregarded the terms on which we accepted the original 
charter. They seemed to consider us as having prayed for privi- 
leges to make our fortunes, and classed us with that description of 
doctors who practice Medicine as a trade, and not as a science for 
the benefit of mankind. It was urged, in argument against us, that 
we were making too much money, but the beneficial influence of 
our labors were not named or calculated. No very profound de- 
gree of reflection would have taught them, that to become success- 
ful teachers, we must of necessity have encountered almost incalcu- 
lable difficulties and incurred great expenses, even before we were 
qualified to study, much less teach Medicine. We were obliged 
to relinquish no inconsiderable portion of a lucrative practice; we 
were bound by the ties of humanity to withdraw ourselves from so- 
ciety; to move in concert with all the improvements of the times; 
to sustain an honorable competition with rival schools, and to trim 
the midnight lamp the remainder of our days. 

We adopted teaching as our occupation for life. Our acquire- 
ments and our time were our capital ; and, unless we had been as- 
sured by a solemn pledge of the state, that we should be secured 
in the uninterrupted tenure of our chairs, we never would have ac- 
cepted them. Our occupation was our living; and there is no more 
justice in wresting it from us, than there would be to tell the mer- 
chant or the mechanic to quit his business and seek some other em- 
ployment. Suppose the legislature should, from misconception, 
misrepresentation, or malice, against some obnoxious individual, de- 
clare the charter of a bank or rail road null and void, or set task- 
masters over the directors, what would be the sense of the com- 
munity on such a usurpation? Our charter is the common law of 
the land ; and what is common law, but common sense reduced to 
a rule of action? What is a charter but a practical illustration of 
the rule? It is a contract between the state and individuals. The 
state grants certain privileges, and in return, receives reciprocal ad- 






19 

vantages. It is made perpetual. It does not sicken and die, as we 
must. It is immortal, and is the tangible fountain of power forever. 

The terms on which we prayed for our first charter, were clear, 
specific, and well understood. We acted with circumspection. To 
evade the caprice of fluctuating legislation and the influence of 
envy, malice, and the arts of intrigue, we took counsel of the most 
learned in the law. We presented a copy of our charter to the 
late pre-eminent Attorney General, Luther Martin. He gave us 
the solemn assurance, that no earthly power could divest us of our 
rights, or dissolve the compact to which we were a party. 

We were well aware that no public literary institution could be 
long prosperous and useful, unless it were placed beyond the ca- 
price of the legislature. The history of our own state, as well as 
others, and, indeed, that of most nations, irrefragably prove, that 
such schools must be left to the management of those, whose inter- 
est it is to direct them. And it is the result of universal experience, 
that the governors must be men of learning, competent to decide 
between all aspirants to such offices. The organization and econo- 
my of a Medical school, is a branch of Medical police, cultivated by 
very few, and but little understood, even by physicians. Some of 
the gentlemen who have been principally instrumental in entailing 
our misfortunes upon us, seem to consider the trust reposed in them 
as a game of snap and rattle, played by chance with unskilful hands. 
It may have been sport to them, but it is death to us. If they did 
comprehend the arduous duties they were appointed to perform, 
they must have been specially inspired ; and I believe thele are 
very few of them who claim such a prerogative. 

The iiouse had a precedent of their predecessors before them, 
that might have deterred them from interfering so precipitately 
with vested rights. The chartered privileges of Washington Col- 
lege had been invaded, and the school annihilated, although it was 
founded by private subscriptions, and afterwards maintained in 
part by the state. This flagrant violation of justice, and contempt 
for the interests of science, is still unpalliated and unavenged. 
Where was the spirit of our forefathers, that love of learning, that 



20 

erected this noble institution, that it did not appeal to the laws, and 
cause the state to disgorge the treasure wrested from the lawful 
proprietors ? 

The legislature of 1825 proceeded precipitately; they never de- 
liberated, and did not understand the merits of the case. They 
were actuated by specious, but false representations, which they 
did not analyse. 

Before we can comprehend the character and conduct of our 
masters, under the supplement that has been dignified with the 
name of a charter, and from which they derive their spurious au- 
thority, it will be necessary to shew that they have misconstrued 
their own law, and violated its letter and spirit. They have re- 
peatedly applied to the legislature, and compelled us to apply for 
power to do certain acts, while they and we are, by the express 
provisions of the charter, placed beyond the control of all power, 
except the charter, which is our constitution. If the law of 1825 
is legal and binding, they are thereby clothed with all power; if it 
is not, they are divested of all power ; and if the original charter 
for which we contend, is inviolable, every subsequent act of the legis- 
lature is void. It seems to be of no consideration to the trustees, 
as they now exist, what construction any other tribunal may think 
proper to put upon any charter, or any private act of the legisla- 
ture. They have uniformly interpreted them all to suit their own 
purposes. When we appealed to them for redress, they had no 
power to act without new legislative authority ; w T hilst on some oc- 
casions they contended for the omnipotency of their charter. When 
they contemplate the acquisition of power, the law justifies any 
procedure. When money was to be received, it was always con- 
stitutional; when it was to be paid, it was always unconstitutional. 

Both the members of preceding legislatures and the people, 
have imbibed certain erroneous opinions that have contributed es- 
sentially to injure the institution, and impair the confidence origi- 
nally reposed in the Medical Faculty. Ask the members of the 
legislature, at any period since 1807, by whose means the school 
was founded ? Who erected the buildings ? Who bought and paid 



21 

for the apparatus ? Who imparted to it reputation and public con- 
fidence ? Many of them, to this day, will tell you it was built and 
endowed by the state, at the public expense. From this superficial 
view, it follows of necessity, that every man thinks he pays a tax 
to maintain it. There is another false inference drawn from this 
original error. The uninformed believe that the property held in 
trust, for the benefit of all, belongs to the state ; and that we are 
tenants at will, amenable to the state, in law and equity, in all the 
fiscal concerns of the establishment. 

It can be no matter of surprise that this impression should have 
gone forth, and has become habitual, when the legislature of 1825 
assumed the principle that they had the right to transfer all the cor- 
porate possessions, real and personal, to our imperial masters, which 
they could not have done legally unless the title was vested in the 
state. Although they left the Medical Faculty in the unmolested 
tenure of their chairs, the trustees, by a construction of their own, 
arrogated to themselves the power of binding us hand and foot, 
and indenturing us to them. It was too barefaced and presumptu- 
ous for legislative decorum to say, that we were made over to the 
masters they appointed, but it was congenial to the supercilious 
contempt of learning in the trustees, to require us to accept what 
they had no right to confer. While we had no power to resist, we 
were required to come under their dominion, under the penalty 
of expulsion, while we were allowed only fifteen days to determine. 

So far has the state been from extending to us any direct act of gen- 
erosity, in all our embarrassments, wants, and poverty, that it never 
directly contributed, or in any way appropriated (without a consid- 
eration) a dollar for our use. While it has made donations to other 
colleges, and endowed almost every petty academy in the state, it 
has left us to the forlorn hope of extricating ourselves from our 
embarrassments. If they had left us in the possession of our vest- 
ed rights, we would have provided the means of liquidating our 
debts. They took from us both the power and the means of pow- 
er, by authorizing our masters, not only to transact all the financial 



22 

concerns of the institution, but to seize our perquisites, and restrict 
us in the exercise of our official duties. 

Several acts have been passed by the state, with the titles of 
"benefit to the College and University." The loan of thirty thou- 
sand dollars, for the use of the University, while it wore the 
aspect of liberality, and ostensibly redounded to the honor of the 
state, imposed a tax of fifteen hundred dollars a year upon the 
Medical Faculty alone, which they have paid out of their own pri- 
vate funds. 

If the various grants of lotteries to the Medical Faculty and 
Regents, are to be viewed as acts of extraordinary kindness and 
condescension, we stand on the same ground with hospitals, turn- 
pikes, bridges, and private individuals who petition for their own 
benefit. Literary institutions, under the sacred obligations of a char- 
ter, claim a higher consideration. They are instituted for the repub- 
lic of learning throughout the world, while the agents appointed to 
minister to the public good, are never adequately remunerated. 

It is admitted with a grateful pleasure, that toward the close of 
the Regency, the state adopted a more, liberal policy. The legisla- 
ture^ granted the privilege of raising one hundred thousand dollars, 
unfettered by a provision ; but it is equally true, that we had paid a 
tax of fifteen per cent, on previous grants, to the amount of three 
thousand dollars, or more. 

It is to be observed, that the hostility to the interests of science 
manifested by the trustees, was not directed exclusively against the 
Medical department. They aimed a deadly blow at the Faculty of 
Law, which they annihilated. They passed an illegal, exterminat- 
ing resolution, declaring all the members defunct, except the pro- 
fessor, who was left a monumental relict of their vindictive spirit, 
after ten years toil, and the expenditure of his own means in unlimi- 
ted profusion. The chair had ascended in reputation, in the exact 
progress of the time when it was created ; and where are the in- 
cumbent's laurels or his reward ? The consolation, that he had 
done his duty, while he was virtually expelled. 






23 

If we may be permitted to be guilty of some repetition and cir- 
cumlocution, the merits of the question of right, and the practice of 
the trustees, may be tried by the rules of common sense. The 
charter of 1812 is our constitution. The supplement of 1825 is 
the pretended rule of the trustees. The charter of 1812 continues 
and perpetuates all the lights and immunities of the original act of 
1807. It differs specially in only one item, as it regards the Me- 
dical Faculty. It clothes them with the power of appointing their 
own professors, lecturers and officers. It is clear, liberal and im- 
perative ; and lest the faculties, or any of them should willfully or 
ignorantly, do any act contrary to, or inconsistent with its provi- 
sions, it expressly provides, " that we shall not be capable of forfeit- 
ing our rights and privileges." 

" And be it enacted, that in case, at any time hereafter, through 
oversight, or otherwise, through misapprehension, and mistaken con- 
struction of the powers, liberties and franchises in this act of incor- 
poration, granted, or intended to be granted, any ordinance should 
be made by the said corporation or Regents, or any matters done and 
contracted by the said corporation, contrary to the tenor thereof ; all 
such ordinances, acts and doings, shall of themselves, be null and 
void, and they shall not in any courts of law, or by the General As- 
sembly, be deemed, taken, or interpreted, or adjudged, into an avoid- 
ance, or forfeiture of this act or charter, or act of incorporation. But 
the same shall be and remain unhurt, inviolate and entire unto the 
said corporation and Regents, in perpetual succession, and all their 
acts conjormable to the power's true intent and meaning, shall be and 
remain in full force and validity ; the nullity and avoidance of such 
acts, to the contrary notwithstanding" 

Is not this the language, style and manner of all legislative acts, 
conveying perpetual and inalienable rights ? Can it be more em- 
phatically and peremptorily expressed ? Does it not grant and ful- 
fil the spirit and letter of the prayer of the petitioners? 

This is the solemn contract between the state and the Regents, 
that has been violated by an illegal assumption of power ; that has 
extinguished the* lights of science, and banished its votaries from 



24, 

their domicil and livings. Hard and merciless as this act is, it 
might have been tolerated, if the power wrested from us had been 
deposited. in clean hands and clear heads, of men willing and ca- 
pable of ministering to the wants of science. 

The whole tenor of the supplement of 1825, is a calumny 
against reason and justice. It betrays an ignorance or contempt of 
law, justice, and the rights of both individuals and the state. It is 
as wanton, as it was unprovoked and unmerited. While it clothes 
our oppressors with unlimited power, it deprives us of all the pub- 
lic privileges of freemen. It takes from us the right and power of 
choosing and judging of the character and qualifications of our 
colleagues. It tempts us with the shadow of power, while it with- 
holds the substance. We are not only permitted, but bound, to 
nominate one or more candidates to fill vacancies, while our mas- 
ters are at liberty to reject our recommendations. They are the 
sole judges, and have sometimes rejected our unanimous choice. 
We were permitted to teach, but so fettered, that the latitude of 
our chairs was too circumscribed to permit us to exercise our own 
wills. 

We must again return to the supplement, to shew the injustice 
and inconsistency of our governors. According to the express 
language of their own law, they were bound to let us remain in the 
unmolested tenure of our chairs, and the uninterrupted perform- 
ance of our duty ; but by an assumed, unwarranted construction of 
the law, they were the first to violate it. They insisted on declar- 
ing our chairs vacant, that they might subject us to their dominion, 
by requiring our acceptance. Conscious of a want of power, and 
finding themselves in a negative position, they covered their naked- 
ness by attempting to intimidate us into compliance. They had no 
power to expel us from our chairs, except from a want of capacity 
to fill them, or the violation of the laws of morality. They made 
no pretence of either. We were well aware, that we could not 
legally accept that, which they had no legal right to confer. 
If the law, from which they derived their authority, was illegal, 
every act done under it must be invalid, as a moral consequence, 



25 

whatsoever may be the technical import of the law. The same 
law that took from us all other powers, required us to make a deed 
of conveyance of the ground on which the buildings Were erected, 
although it was held in trust, for*^ benefit of the public, by the 
corporation of Regents. We vSjfe,' also aware, that this was a 
stretch of power not warranted by law or equity ; but with the 
same feelings that led us to accept our chairs, we obeyed. As we 
could not have conveyed the property, under the Regency, legally, 
without the consent of the whole corporation, the legislature could 
not compel us to do it ; and it is questionable whether the corpora- 
tion could consent to such an act. 

We were desirous of peace, and wished to cultivate it, even 
by a partial surrender of our rights We agreed to a pro forma 
acceptance, to conciliate all parties. We tried an experiment that 
we foresaw would terminate in our destruction, and the incalculable 
injury of science. The four faculties entered and recorded their 
formal protest against the constitutionality of the law, fortified by 
the advice of eminent counsellors ; but they were not prepared to 
enter the lists of the law. The supplement that conferred all pow- 
er on the trustees, gave them the unlimited command of all the pro- 
perty and funds, while the Regents would have been exposed to 
the incalculable cost of a suit at law, at their own expense. 

Notwithstanding the inconsistency of the law of 1825, and its 
injustice, it is both just and consistent in making those liable for all 
the debts and contracts of their predecessors, who received all the 
money and other property of the institution. Notwithstanding the 
explicit language, in which this clause is expressed, the trustees did 
not construe it literally ; and peremptorily refused to liquidate the 
debts contracted by their predecessors. 

We have given a true and full account of the causes that led to 
the illegal interference with our charter, and would appeal to all 
rational men, and ask, would these causes have been sufficient to 
change the government of the school, even if the allegations had 
been true ? As an integral part of the corporation, any dissention 
among us could not affect the obligations of the charter. If we 
4 



had quarrelled, or shed each others blood, the private police of the 
school prescribes the mode of adjusting all disputes. The pream- 
ble of the law of 1825 speaks another language, and takes not only 
a presumptive, but a false ground. The very first sentence is pre- 
dicated on false premises. i$$ 

" Whereas experience has shewn that the public good, and the pro- 
per discipline and government of the University of Maryland, re- 
quires important alterations in the act of incorporation." This is a 
novelty in legislation, an exordium sui generis, a fair specimen of 
the whole act. The experience upon which it affects to be predi- 
cated, was diametrically opposed to the stated grounds of a change 
of government, and annihilates all the visions of infatuated revolu- 
tionists. Mal-ad ministration could not be charged, nor was it pre- 
tended. Eighteen years of unprecedented prosperity, was no fic- 
tion, but a matter of history. We began with six pupils, and on 
the day the fatal supplement became a law, we lectured to three 
hundred and twenty pupils ! What have they now within the same 
walls ? A beggarly account of empty benches ; the remnant of 
departed greatness, raked together by importunity, intrigue, misre- 
presentations, and the recruiting services of the satellites of ty- 
ranny. 

There are still living some of the members of the memorable 
House of 1825; and I appeal again to their candour and sense of 
justice, whether, during the protracted discussion, that preceded 
the passage of the bill, there was a single charge ever made against 
the moral or physical capacity of any member of the Medical Fa- 
culty, or any member of the corporation, under the Regency ? I 
further demand of the trustees to answer, whether they found, 
when they came into office, any rule or by-law they could alter or 
amend ? Their sole mental resources were directed to the finances 
of the institution, and not to the advancement of medical education. 
They seemed to consider themselves in the situation of the direc- 
tors of a bank, while they were the only stockholders. They 
broke through their privileges, and arrogated to themselves su- 
preme power, whensoever they came into contact with the fiscal 



21 

concerns of the institution. They violated their own law, to facili- 
tate their access to the treasury. They felt that they were acting 
under a usurpation, and were obliged to adopt the absurdity, that 
two wrongs make a right; which is not truer in law, than in morals. 

It lias always been to me a matter of equal surprise and regret, 
that the trustees should have consented to serve under the supple- 
ment. There were some of them learned in the constitutional con- 
struction of charters, to whom it must have occurred that the act 
was void. It was once remarked, by a distinguished jurist of this 
city, " that the legislature of Maryland held itself to be omnipotent ; 
and that so long as they made this doctrine a rule of action, there 
would be no safety for life, liberty, or property." While usage has 
grown into an axiom, that all laws are to be considered constitution- 
al till they are repealed, or annulled by judicial decisions, there is 
no moral obligation to carry them into execution ; and I leave them 
to decide, whether they preferred to act under the laws of God or 
man. There was a tribunal made before human laws were enact- 
ed, that might have led them to pause before they put their hands 
and seal to such an act. If they had permitted the current of their 
thoughts to have flowed, uninterrupted, through the channel of na- 
ture, they would have been, directed by that "light that lighteth 
every man that cometh into the world," to return it to the hands 
that made it. 

Such was the constitution of the body, that no other results, than 
such as necessarily flowed from them, could have been anticipated. 
It was so compounded, that it could not be defined. Instead of 
improving by age and experience, it constantly deteriorated. While 
it contained some who were well-inclined and well-informed, there 
were others as well qualified to judge of the economy of a medical 
school, as they would have been to construct an orrery. There 
was such a repulsive power between such discordant materials, 
that they never could combine for any beneficial purpose, and their 
deliberations frequently terminated in the ineffectual result of neu- 
tralized opinions. Suppose they had been required to originate and 
organize a medical school, from the materials of which they were 






28 

composed ? You might as rationally expect to see men spring from 
the soil, under the laws of equivocal generation, as a medical col- 
lege from such men. They were sent to school by the state, at 
our expense, to learn a science they were too old to comprehend. 
They held in their hands the destiny of the University. We have 
witnessed the catastrophe. 

From the day they received the reigns of government, they as- 
sumed a hostile attitude to the Medical Faculty, and were jealous 
of all our privileges. They looked upon us as their inferiors, ap- 
pointed to work Journey-work under them. While they were in- 
formed of all we said or did, they studiously avoided us. Instead 
of cultivating social intercourse and familiarity, to promote harmo- 
ny, they never consulted us, or asked counsel of us. They never 
interchanged an opinion with us, on any subject connected with the 
interests of the school. If they were doubtful of any proposed 
measure, they consulted those unconnected with the school, who 
either felt no interest in its prosperity, or did not understand the 
merits of the question. They held their meetings in conclave, and 
were inaccessible to us, except by letter, and held our opinions in 
contempt. 

Their administration is an anomaly in the history of literary 
trusts. As the body was principally composed of men constantly 
occupied in business, the current of their thoughts were directed to 
their private pursuits, and could seldom be concentrated on the 
concerns of the school. As the law provided no pecuniary compen- 
sation, they at first made their office a sinecure. They were nei- 
ther men of leisure or science. 

They held no stated meetings, and when called on to act, were 
slow, indecisive, and desultory in all their movements. With a 
view of exonerating themselves from the labor of their office, and 
dividing any responsibility that might attach to them, they appoint- 
ed an Executive Committee, residents of the city, to do their busi- 
ness, in the intervals of their meetings, as well as to obviate the ne- 
cessity of meeting so often. Under this arrangement, business that 
required the deliberate consideration of the whole body, was trans- 




29 



acted by a small minority, and became very convenient, as it facili- 
tated many of their operations, by evading direct culpability. If 
any application was made by the faculty, the committee had no 
power to act. If the beard committed an offensive or unpopular 
act, it was charged to the committee. Thus they have accommo- 
dated each other by riding and tieing to this day. 

After they had arrogantly and unjustly required us to accept, un- 
der them, chairs they had no power to fill, they commenced a pre- 
datory warfare against our pecuniary concerns. Either disregard- 
ing, or not understanding the genius of the institution; contrary to 
immemorial usage; in defiance of all right; without an intimation to 
us, they seized upon our graduation fees, the perquisites of the 
professors since the establishment of Medical schools. It is the 
price of the Honorarium paid by the graduate, for the trouble of 
examining him, giving him credence, and authority to practice. 
This act poured no inconsiderable sum into the treasury of the 
school, and enabled them to create new offices, and give salaries to 
themselves and their friends. Such would have been their practice 
still, had it not attracted the notice of the legislature, which com- 
pelled them to relinquish us our perquisite, though not to refund 
what they had unjustly taken from us. 

In all literary trusts, the office of a trustee is altogether honora- 
ry, but not one of profit, unless it is expressly guaranteed by the 
power that appoints him ; and it is always considered indecorous to 
receive it. During the eighteen years from the birth of the college 
to the accession of the trustees, the members of the faculty per- 
formed all the duties of clerks and secretaries, without fee or re- 
ward. They not only made no charge for services, but none for 
books or stationary. What was the practice of the trustees, our 
successors? They appointed a secretary with a salary of two hun- 
dred and fifty dollars a year. They had no funds not created by 
the Regents, all of which either proceeded from lotteries granted 
to us, from services rendered by the Medical Faculty in the Infir- 
mary, or donations or legacies offered to the popularity of the in- 
stitution. As they had committed this violation of all usage and 



30 

decorum, like most errors, it led to another. It would have been 
supposed by any rational man, that the amiable incumbent of the 
office would have held it during pleasure or good behaviour; but it 
seemed otherwise to some of the board. They seemed to be sud- 
denly conscientiously convicted of the sin of permanency, and be- 
came the strenuous advocates of rotation in office. It was deli- 
cately intimated that he might retire. Although he felt the annun- 
ciation with some sensibility, he ac'quiesced, and as delicately, by 
way of rotation, the son of one of the trustees was wheeled into 
his plare. As the body of trustees did not visit, the Infirmary, they 
appointed a committee for that purpose. They soon found it in- 
convenient, and the attendance became desultory and uncertain. 
To alleviate themselves, they selected one of the committee for the 
duty, and as a stimulus to his industry, gave him a salary of four 
hundred dollars a year. This nearly absorbed the revenue of the 
establishment after paying the ordinary expenses. Under the origi- 
nal agreement with the Regents, for erecting and maintaining the 
Infirmary, it was expressly understood, that as the professors were 
ex officio the physicians of the house, and did all the duty, that 
when the income should exceed the expenses, all the surplus should 
accrue to them. 

I would ask whence did the trustees derive the authority to pay 
salaries to any officer they might create ? It was not the practice 
of their predecessors, nor did the power that created them permit 
it. The money did not belong to them — they held it as trustees for 
the public. One of the trustees, who was the principal agent in 
the management of the Infirmary, had already been allowed four 
hundred dollars a year for his services, though it was the duty of 
that body to serve without fee or reward. This, for some years, 
absorbed all the surplus revenue of the house, and left nothing for 
contingencies. The superintendent, thus endowed, assumed the 
whole authority over physicians, pupils, and sisters of charity. He 
acted as the purveyor of supplies, and was the receiver of all the 
income; examined the books and accounts, but did not keep them. 
One of the senior students was his clerk. He commenced his ca- 



51 

reer, under the pretext of economy and retrenchment, on a penuri- 
ous scale that has been uniformly observed to this time. While 
the house was abundantly supplied, as regards the dietetic part, 
the medical department was also under his direction. The rooms 
were occupied and disposed of, according to his directions. The 
medicinal supplies were procured by him, wherever they could 
be bought for the lowest prices, and, consequently, were of the 
worst quality. The physicians and surgeons were compelled to 
use their own instruments, although they received no compensa- 
tion. We applied to the overseer for an article, without which, 
no public medical hospital can be conducted to the best advantage 
of the sick, or its own reputation. We asked for leeches, and 
were refused; w r e were told, (having once introduced them into ihe 
house,) that if w r e brought them to the Infirmary, we must pay for 
them, or that the patients must be charged with them. Thus we 
worked on, day by day, for years, with unremitted, united exer- 
tions, under our imperial master. "Stubble had w T e for straw, and 
slime had we for mortar." 

Finding the proceeds of the house increasing, and far transcend- 
ing its expenses, from increased patronage and reputation, while our 
labours were augmented in the same ratio, we felt more sensibly the 
burthen of our situation. W r e appealed to the humanity and justice 
of the board, and prayed them to consider the terms on which w r e 
had erected the Infirmary, as a school of clinical instruction, for the 
advancement of medical education. We claimed the reward of the 
labourer's hire. We were answered by those clothed with all pow- 
er, " that they had no power." Baffled in every attempt to con- 
ciliate or convince, and reduced to the relation of servants and 
masters, we appealed to the legislature for redress. It had been 
known to the board, for some time, that such an application was 
contemplated, and while they felt the justice of our claim, they 
employed every art to defeat us, but in vain ; for the legislature 
seeing the reasonableness of our prayer, scarcely hesitated to grant 
it. We nuw indulged a hope, that although the law did not operate 
retrospectively, and our labour had been lost, we should be com- 



32 

pensated for future services. In this we were as egregiously de- 
ceived, as we had been on every other occasion- They blasted our 
prospects by an arbitrary act of power, that left us and the legisla- 
ture the dupes of their machinations. The committee of the In- 
firmary, who as a body, never inspected the house, or attended 
to the business for which they were appointed^ now abandoned 
it, to create a more despotic dynasty. They appointed the su- 
perintendent, who had presided over us, governor of the Infirmary, 
with a salary of eight hundred dollars a year. As they could not 
take from us the surplus of the income by a direct refusal to pay 
it, this stratagem was devised, to absorb it and defeat us. To 
what tribunal was this self-created despot amenable? Do the con- 
stituted authorities of the state know, to what purposes our earn- 
ings are appropriated by pride and injustice ? It would have been 
derogatory to official dignity, to have offered his excellency a salary 
less than the governor of Rhode Island receives for governing one 
of the United States. The state of Maryland could not expect 
fidelity and justice in the execution of a literary trust, for a smaller 
•premium. This appointment covered all the surplus revenue of the 
Infirmary, and defeated the intention of the legislature, while it 
left us to serve out our time without redress. 

Among the embarrassments created by the troubles and vicissi- 
tudes of fortune in originating a new institution, we became liable 
to the Bank of Baltimore, for some four or five thousand dollars. 
The money was borrowed to finish the Infirmary, after we had ex- 
hausted our own resources. Under the supplement, from which 
the trustees claim their right to govern us, they are required to pay 
all the debts of the institution. The time for which we had bor- 
rowed the money had expired, and they refused to pay the notes. 
The directors still indulged us, till their duty obliged them to bring 
suit against us. Judgment was duly obtained, and we were still 
destitute of the means of paving, all the funds having fallen in the 
hands of the trustees. We had no alternative, but the clemency of 
the directors of the bank, who extended to us another indulgence- 
While they commiserated our situation, the trustees were still obdu- 



i 



33 



rate ; but during the respite, they found that their refusal to pay 
the notes bad occasioned some clamour, and that their popularity 
began to suffer. Finally, they came to the conclusion to pay the 
debt, but on such conditions as they were sensible we could not ac- 
cept. While they held out the specious appearance of doing jus- 
tice, they committed an act more unjust than their refusal to liqui- 
date the claim of the bank. They addressed a note to the Medical 
Faculty, signifying their willingness to settle with the bank, provi- 
ded, we would agree to relinquish another claim of greater magni- 
tude, which they had uniformly refused to settle. This claim arose 
from the advances made by the professors, in erecting the college 
and furnishing apparatus. Our repeated solicitations to liquidate 
this account, were invariably followed by neglect or equivoca- 
tion; and when they were pressed for a definitive answer, we 
were informed they had no power to pay us; but, that "if we 
would procure an act from the legislature, authorizing them, they 
would settle with us." This proposal was founded on an expecta- 
tion that the legislature would refuse to pass a superfluous act, be- 
cause the supplement of 1 825 expressly directed them to settle all 
claims. If that law was valid, they were bound by the tenor of 
their office ; if it was not, they had no power to receive the funds, 
or do any other act under it. It was, besides, a device to gain 
time and procrastinate justice. They were disappointed. The 
legislature passed a law, such as we asked, compelling them to in* 
vestigate our accounts and settle them. 

When the law came from Annapolis, at the close of the session, 
we reiterated our request; but they still hesitated under various 
pretexts, postponing from time to time, till popular clamour again 
alarmed them. Finally, they appointed a committee of three, of 
their members, who also, under various pretences, deferred their 
meetings for several months. At last, two of the three met ; and after 
a laborious analysis of our accounts, from 1807 to that time, awarded 
us a balance of upwards of sixteen thousand dollars. After this de- 
liberate act of their own body, on their own terms, we considered 
the controversy as settled. We did not imagine that we were des- 



34 

tined to be harassed with a vexatious, and, perhaps, an intermina- 
ble suit in Chancery, to recover what they had decreed to be our 
due. The suit is still pending, and it was for the consideration of 
relinquishing this claim, that they proffered to pay the debt due the 
Bank of Baltimore. I could not condescend to stain a clean sheet 
of paper with the name, with which every just man would stigma- 
tize such an act; one that dishonored the confidence reposed in 
them by the state, while it insulted us and evaded justice. 

Here I could wish to put a period to the strain of complaint in 
which I have so long indulged; but the measure of their iniquities 
and our sufferings, are not full. 

At the organization of the board, there seems to have been some 
jarring of elements illy compounded ; some difference of sentiment, 
with regard to discipline and the privileges of the professors : such as 
examinations, diplomas, and conferring degrees. While there were 
some familiar with the usages of colleges, not studious of innova- 
tion, there were others, to whom all was new and unintelligible. 
They could see no reason why certain things were done, nor why 
they were done in a particular way. It appeared like necromancy, 
covered by a veil they could not penetrate; and lest we should 
practice the black art, they concluded we possessed too much 
power. They dreaded the aristocracy of learning, and were 
jealous lest we should do something they could not comprehend. 
Under the impression that our bylaws were devised to suit our 
own purposes, it was suggested that it might be proper to take 
from us the privilege of examining our own pupils for doctor's de- 
grees. This was a direct imputation on our capacity to teach, or 
our integrity in awarding the honors of the school. It was calcu- 
lated to convey the impression, that there were others better quali- 
fied to decide on^the merits of the candidates ; and if the proposi- 
tion had been adopted, it must have given rise to a controversy, to 
which the professor sjmust have been a party, and the trustees the 
judges. 

Another proposition, equally derogatory to tbe faculty, was agi- 
tated. It was made a question, whether in their superior wisdom^ 



35 

the professors should continue to put their signatures to the diplo- 
mas ? They very sagaciously conceived that the names of the 
provost and professors was not sufficient, and that their own signs 
manual would give more weight to the Honorarium. They at last 
came to the conclusion, that although the provost and professors 
might sign, that the names of the executive committee of three should 
be appended to the diploma, with the legitimate names, which only 
are seen on the face of that authority which gives credence to physi- 
cians over the whole world. The class has never been reconciled 
to this blot on their authority, — on the deed that gives currency to 
them as physicians, and is the highest honor they can achieve. 
The board had not long been in operation, before its complexion 
was ascertained. It was composed of two descriptions, the very 
antipodes of each other. One, the miniority, literary men always 
disposed to consult the interests of the school. The other, the ma- 
jority,. illiterate and conceited, inflated with their own importance, 
and mere calculators of dollars and cents. 

The board was originally composed of twenty-one members, in- 
cluding the governor, who is a trustee ex officio. The numerical 
majority found themselves embarrassed, by the intelligence of the 
minority of numbers. With so formidable a phalanx against them, 
the majority could not always bring their hostility to bear against 
the professors. They were reduced to two alternatives: Either 
to devise some scheme to diminish the number of the opposition, 
gradually, or to employ a more summary process, to divest them- 
selves of them altogether. They invented several schemes to ac- 
complish their purpose, and finally succeeded. They stooped to 
conquer; and by intrigue, artfully achieved a victory over the mi- 
nority, over us, and over the institution. 

They petitioned the legislature to pass a supplement to the sup- 
plement under which they acted, to reduce their numbers to twelve. 
The law was passed, and so artfully was its real object concealed, 
that it was only known by its effects. It did not provide for the 
removal of the superfluous nine directly. This would have been a 
measure too palpable, without a pretext, and was to be brought to 



36 

the same issue more imperceptibly. By resignation, by death, or by 
ceasing to act for a certain time. The virtuous minority began to 
perceive, that they were the nominal representatives of the school, 
and dropped oif by degrees; but still there were some who adhered 
to the board and the true interests of the institution. Among these, 
were three of the judges of three of the judicial districts of the state, 
who were as distinguished for their devotion to the school, as they 
were for their professional and private worth. They were not fa- 
vourites of the ruling majority, who determined to divest themselves 
of them; not by any charge or even a complaint, but by a stratagem, 
as unprecedented, as it was indecorous and illegal. They passed a 
resolution declaring " that if any member should absent himself from 
three successive meetings, that his seat should be vacated" This was 
an arrogant assumption of power. All trustees, visiters, or gover- 
nors of chartered literary institutions, are appointed till they may 
think proper to resign, or during good behaviour; and if they can be 
legally disqualified, it must be by the authority of the power that ap- 
pointed them. In this case, the trustees derive their appointment 
from the governor and council, and it is questionable whether the 
executive has the power. If it be implied, it is not expressed in 
the act of incorporation ; because it was considered indecorous to 
suppose that any gentleman would be guilty of an act that would 
make it necessary to expel him. 

This device did not succeed, to the wishes of the majority. It 
operated slowly and uncertainly. The judges still continued to 
annoy them by their presence ; for although they were not at every 
meeting, they kept themselves within the pale of the resolution, 
and would neither die nor resign. We began to flatter ourselves, 
that the board had taxed their ingenuity to the ne plus ultra, but we 
were deceived. They invented another plan, that hung the judges 
on the two horns of a dilemma. They obliged them either to ne- 
glect their judicial duties on the bench of the Court of Appeals, or 
absent themselves from the board of trustees. Finding that they 
had been absent at two successive meetings, they appointed the 



37 

third on the very day the judges were obliged to sit in their court, 
and thus banished them from the board. 

I have studiously avoided any allusion to the immediate cause of 
the late seism between the trustees and Medical Faculty. I will 
conceal the most deformed acts of our governors, unless I should 
be called upon by the constituted authorities of the state, or in my 
own defence. If I were to enumerate all the acts of indecOrum, 
injustice, and insult, offered to the Medical Faculty, by the board 
of trustees, or its members as individuals, unofficially, the task 
would be endless. 

There are other topics inseparably connected with the interests 
of the medical department, that cannot be omitted consistently. 

During the latter years of the administration of the trustees, 
their acts of tyranny and their parsimony, could but attract the no- 
tice of many intelligent pupils. Frequent complaints were made to 
us, who had no power to redress them. They felt and resented 
the state of vassalage in which we were held. They saw and im- 
plored the condition in which we were serving our time in the in- 
firmary, without the reward of the laborer's hire. They lamented 
that no proposal from us for their benefit was listened to, or re- 
spected by our masters. These and other topics, were constantly 
agitated between us and our classes ; and, in justice, we were bound 
to defend and exonerate ourselves, by charging all those sins of 
omission and commission upon their authors. Students of medi- 
cine, are generally the best judges of their own interests; and in 
no instance, did one of them attach culpability to us, or cast 
any reflection on us. Our governors had studiously endeavored, 
and artfully attempted, to avert all responsibility from themselves ; 
and finding the verdict of the classes rendered against them, they 
thought to avenge themselves by a vindictive resolution against us. 
They declared that " should either of the professors, in their inter- 
course with the students, speak disrespectfully of them, or their acts, 
tee should forfeit our chairs, and be expelled from them accordingly?'' 
Upon the reception of this intelligence, I gave them to understand, 
that if they would give me a hearing before the whole body, I 



38 

would afford them a stronger ground for a new act of tyranny under 
the spurious authority by w'hich they passed their former resolution. 
Whether this reply to their resolution ever reached them, I know 
not, and care not \ but I well knew, that I was the most obnoxious 
of the faculty, because I uniformly, without reserve, at all times, 
and in all places, exposed their acts, wherever they interrupted or 
polluted the streams of justice, or violated the rules of propriety. 
It was not long after the passage of this most unnecessary and ob- 
noxious resolution, that the malignant spirit breathed against me, 
was gratified at the expense of the reputation of the school. 

In December, 1831, I perceived that the Janitor had not com- 
plied with the terms on which he accepted his office. He was per- 
mitted to sell to the students confectionary and certain other ar- 
ticles, but was expressly prohibited from keeping any kind of drink, 
except water. This rule was originally laid down by the Regents, 
arid I believe was never violated under their government. Having 
observed frequently that some of the class did not proceed to the 
anatomical rooms immediately after my lecture, but went into the 
Janitor's apartments, I determined to ascertain their object. On 
several successive days the doors were locked, and I could not be 
admitted ; but at length I took them by surprise, and found four of 
them regaling themselves with spirit and water, and playing a game 
of cards for the club, at one o'clock, when they ought to have been 
at the lecture, which began when mine terminated. I first spoke 
to the Janitor privately, representing the great disadvantage it 
would be to the school. He behaved in the most unbecoming and 
insolent manner. He denied that there was, or had been, a drop of 
spirituous liquor in his house, or that the students had ever played 
a game of cards in his rooms. I repeated to him the evidence of 
my own senses, and charged him with a falsehood. He retorted 
the lie, direct, and threatened me with personal violence, if I should 
repeat the same. I thought it my duty to lay the matter before the 
trustees, in a written form, requesting them to discharge him forth- 
with, adding that he had before been guilty of an offence, by which 
he had forfeited all claim to further indulgence. Finding I had 



39 



made known his conduct to the trustees, he assailed me again, la- 
vishing on me all the abusive epithets he could invent, and finished, 
by threatening to chastise me, which he would have attempted, if 
he had not been intimidated by the class. The students now deter- 
mined to sacrifice him, and were only prevented by my entreaties. 
The Janitor persisted in his threats, and I was advised to retire 
from the University buildings, and to hold my lectures in the ope- 
rating room of the Infirmary, but I adopted a different course ; but 
to protect myself, I was compelled to arm myself for the remainder 
of the session. 

Instead of complying with my request, the trustees took no mea- 
sures for several days, and probably would not have interposed, 
had not the clamours of the class become so loud and repeated, 
that they found themselves suffering in public estimation. At 
length they met and called the culprit before them, and this sham 
trial resulted in a request that the Janitor should " beg my pardon, 
or say he was sorry for what he had saidP He was kept in office, 
after this event, till the next spring; and for the remainder of the 
session, sold his whiskey and brandy in defiance of all authority. 
Early in the spring, he offended his employers, and w r as ejected 
from office, for another offence, after annoying me, as the instru- 
ment of their revenge, for half the session. 

The trustees have reflected on their predecessors, more especial- 
ly the Medical Faculty, because they found the institution in debt, 
and without the immediate means of relief. As they have made a 
merit of doing a duty, imposed on them by the supplement, and 
the terms under which they accepted their trust, it behoves me to 
expose the fallacy of their pretensions; It is true they found the 
University in a state incidental to all public schools reared and sup- 
ported by private funds, and on credit. This is a risk that all who 
embark in such an enterprize must run, although they may seeiheir 
way clear to a termination of all their embarrassments. They 
came into office on the eve of our victory over all difficulties, and 
triumphed by the means we had provided. They gathered the 
laurels planted and nurtured by us, and wore them not of choice, 



40 

but necessity ; for, with the means in their hands, they uniformly 
refused to apply them, till they were driven to do justice, by pub- 
lic clamour, and the dread of the loss of character. They clung 
to the spoils they had illegally seized, till they were bankrupts in 
fame, as we were in fortune. 

By a generous act of a preceding legislature, that commiserated 
our sufferings, we were begining to enjoy a privilege, that while 
it redounded to the honor of the state, made us free and indepen- 
dent. We were authorized to raise by lottery (free of tax,) one 
hundred thousand dollars, to be applied to such objects as the Re- 
gents might, in their wisdom, think proper to pursue, for the bene- 
fit of the four faculties ; to create and maintain a University in all 
its ramifications. We had made a contract with Messrs. Yates and 
Mclntyre, lottery brokers, which stipulated that ''they should pay 
us two thousand dollars, every four months, till the privilege should 
have been exhausted. This bargain was legally made, and the 
terms were well known to the state. No objection was, or could 
be made to it, as the security for its performance was undoubted ; 
and never was there a contract more strictly and honorably fulfilled. 
As the stream of wealth was constantly flowing into the treasury, 
it was reasonable to suppose that our successors would not have in- 
terrupted it : but such was not their will and pleasure. Like the 
man in the fable, whose goose laid golden eggs, they ripped open 
the contract, annulled a solemn obligation they could not legally 
break, and made a commutation with the state for a specific annual 
sum. 

By this act, with the bequests and donations made to the school ; 
with our perquisites taken from us by force ; with the product of 
our labor in the Infirmary ; with the surplus revenue of the house, 
bestowed on us by an act of the legislature, they accumulated a 
large fund, while they withheld from us a just debt due to us, by 
the award of T a committee of their own body. 

I make my last appeal to the justice and magnanimity of a more 
enlightened legislature — To the Faculty of Physic of Maryland — 
To the votaries of science everywhere — And, lastly, to the people 



41 

of Maryland, whether such men are entitled to the reins of gov- 
ernment of a University ? And whether we are entitled to redress ? 
Without the interposition of that authority, whose predecessors be- 
reaved us of our living and occupation, we have no hope, but from 
the unpolluted stream of justice that never ceases to flow from the 
judicial tribunals of the state. And is not this a burthen almost too 
intolerable to be borne by us, who have been stripped of our means 
by an act of tyranny and injustice ? Our enemies are at law with 
us, on our own money, while we cannot sustain ourselves on equal 
grounds. Money constitutes the sinews of the law, as well as of 
war. They are rich : we are poor. 

"Plate sin with gold, and the strong lance of justice breaks; 
Arm it with rags, a pigmy's straw doth pierce it." 

In this wreck of our fortune, and general desolation, who is the 
victim ? The last remnant of the first faculty of the college. I am 
now upwards of sixty-eight years of age ; thirty of which, the 
flower of my days, have been devoted to the service of the Univer- 
sity of Maryland ; and now, when ease and retirement are not only 
desirable, but necessary, I must be compelled to seek some other 
occupation to sustain the ties of nature. 

We have labored in vain, and aliens eat up our inheritance. We 
erected a monument to science, and gave it a fair fame ; others are 
living, warmed by the genial rays reflected by us. 

"Sic vos non vobis nidificatis aves, 
Sie vos non vobis vellera fertis oves, 
Sic vos non vobis mellificatis apes, 
Sic vos non vobis fertis aratra boves." 

v THE END. 



■^■MHi 



f 



